Friday 22 January 2021

"Tenants have always had rights"


Landlords and tenants alike have been gearing up to address the government's law changes affecting them both this year. As it happens, similar things have been happening in Texas, where the Texas Institute for Property Rights makes the point that while housing advocates frequently call for laws to "protect" the rights of tenants, the fact is, tenants have always had rights -- just like landlords, they have rights by virtue of being human. 
    [A]ll individuals are endowed with certain rights, namely, the rights to life, liberty, and the pursuit of happiness. These rights apply to all individuals, including tenants and landlords. These rights pertain to freedom of action—the freedom to choose and pursue the values that will lead to a happy life...
    The advocates of 'tenants’ rights' imply that tenants have rights that are separate and distinct from landlords and other individuals. This means that tenants allegedly have the freedom to take actions that others may not take, such as staying in a property without paying rent. But if individuals have a right to a value, such as housing, then what of the rights of those who must provide that value? They are no longer free to pursue the values of their choosing.
This is the important difference between a right and a privilege: A right demands nothing of anyone else other than that they leave you alone unless you invite them; this protects everybody's rights equally. Whereas a privilege demands that others provide you by law with some good or service -- thus violating their rights. 

It's also important to stress that rights do not apply to groups:
Rights only apply to individuals, and they apply to all individuals equally, tenants and landlords alike.
    If your home is burglarised, it is not an issue of 'home owners’ rights.' If you are defrauded by an unscrupulous financial adviser, it isn’t an issue of 'investors’ rights.' If a landlord violates the terms of his lease agreement with a tenant, it is not an issue of 'tenants’ rights.' In each of these instances, it is an issue of individual rights—an individual has been deprived of his property without his consent.
    When 'rights' are applied to groups, the result is pressure group politics. Each group’s 'rights' can only be protected at the expense of individuals in other groups. The individual not in the currently popular group is caught in the crossfire. His freedom to act is secure only so long as his group is in favour.
    Those who are truly interested in helping tenants should be advocates for individual rights. When the rights of all individuals are protected—as individuals—then all be free to pursue the values that they want and need. And that includes both landlords and tenants.
It's just as true in Texas as it is here.
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